skills/sistani-guidance/references/books/west/pages-217-228.md

# A Code of Practice for Muslims in the West

PDF pages 217 to 228. Physical PDF numbering, not inferred printed labels.

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Previous block: [pages 205 to 216](pages-205-216.md).

Next block: [pages 229 to 240](pages-229-240.md).

## PDF PAGE 217

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..……………………………………………… ٧١٢A Code of Practice For Muslims in the West
[valid] justification, there is no way for the religious judge to
pronounce her divorced.
Question: A Muslim couple got separated for a long time. Is it
permissible for him to marry, temporarily or permanently, a
woman from Ahlul Kitab without the knowledge of his Muslim
wife? Is it permissible for him to marry, with the permission of
his Muslim wife?
Answer: For a Muslim man to marry a woman from Ahlul
Kitab permanently is against the compulsory precaution in any
circumstance.
And his temporary marriage to a Jewish or a Christian woman
is allowed, only if he is not already married to a Muslim wife.
If he has a Muslim wife, temporary marriage with an Ahlul
Kitab woman is not permissible without her consent; nay, even
with her consent, it is not permissible, based on compulsory
precaution.
Question: A Muslim man who is married to a Muslim woman
migrated from his country. After a longthy stay in the West
country, he wants to embark on temporary marriage with a
woman from Ahlul Kitab just a few days after divorcing his
Muslim wife. Is this permissible for him, espeually when his
Muslim wife is still in her waiting period (al-‘idda)?
Answer: The temporary marriage mentioned in the question is
considered invalid because the wife who is in the waiting
period of a revocable divorce is still considered as a wife. It has
just been mentioned that to temporary marry an Ahlul Kitab
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## PDF PAGE 218

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woman while one has a Muslim wife is not permissible [as a
matter of compulsary precaution].
Question: Is it obligatory to inform the man who wants to
marry a woman from the Ahlul Kitab or a Muslim woman that
she has not yet observed the waiting period (‘idda) of a divorce
of a previous marriage, or that she is still in the ‘idda [during
which marriage is forbidden for her]?
Answer: It is not obligatory.
Question: Is it permissible for a Muslim man to marry a non-
Muslim woman who is still married to a non-Muslim man? Is
there an ‘idda period for her when she separates from her non-
Muslim husband? What is the period of that ‘idda? Is it
permissible to have sexual relations with her during the time
when she is in the ‘idda from her non-Muslim husband? If she
embraces Islam, how long will her ‘idda be, if she intends to
marry a Muslim man?
Answer: It is not permissible to marry her while she is married
to a non-Muslim in a marriage which is recognized by them
because she is a married woman. It is permissible to marry her
temporarily after her divorce and after the completion of the
‘idda from her non-Muslim husband. (The period of her ‘idda
is not different from the ‘idda of a Muslim woman.) Therefore,
it is not permissible before the completion of the ‘idda.
If she becomes a Muslim after having had sexual relations with
her non-Muslim husband and the husband has not embraced
```

## PDF PAGE 219

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Islam, it is precuationarily obligatory for a Muslim not to
marry her until after the completion of her ‘idda. But if she
became a Muslim without having ever established sexual
relations with her non-Muslim husband, then their marriage
will be annulled immediately and there is no ‘idda in such a
case.
Question: What is the meaning of “justice” required by
religious law in dealing with one’s wives?
Answer: The justice that is required [in dealing with
polygamy] is related to the division [of time between them] in
the sense that when he spends a night with one of them then, he
must spend one night each with the rest of them in every four
nights.
The justice that is required as a recommendation is equality in
spending money, giving attention, cheerfulness, and fulfillment
of their sexual needs, etc.
Question: If a Muslim woman commits adultery, is it
permissible for her husband to kill her?
Answer: Based on obligatory precaution, it is not permissible
for him to kill her, even if he sees her in the act of committing
adultery.
Question: What is meant by the expression “an adulterous
woman known for adultery” that is used in the Manuals of
Islamic Laws?
```

## PDF PAGE 220

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..……………………………………………… ٠٢٢A Code of Practice For Muslims in the West
Answer: It means that such a woman is known among the
people for committing adultery.
Question: Is it permissible to be party to temporary marriage
with a woman who is “known for adultery”, if no other woman
is available and the person is in desperate need of marriage?
Answer: Based on obligatory precaution, one should refrain
from marrying such a woman except after her repentance.
Question: What is the meaning of the expression used by the
jurists that “there is no waiting period (‘idda) for an adulterous
woman because of her adultery”?
Answer: It means that she is allowed to marry after having
committed adultery without observing the ‘idda; and, if she is
married, then it is permissible for her husband to have sexual
relations with her without observing the ‘idda except in the
case of al-wat’i bis-shubha (sexual relation established based
on mistaken identity or ignorance of the law).
Question: A man lived with a woman whom he intended to
marry and also had sex with her without entering into a
marriage contract (‘aqd); thereafter he married her in the
proper religious way. Is their co-habitation before the ‘aqd
considered marriage in the eyes of religious law? Does the
subsequent ‘aqd have retroactive effect? What will be the
status of the children born before the ‘aqd?
```

## PDF PAGE 221

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Answer: In [an Islamic] marriage, the spousal relationship is
established by the verbal expression of the proposition and the
acceptance. More over no action or deed that reflects the
intention of marriage can be a substitute for the spoken words.
Consequently, the marriage mentioned in the question is not
valid except after the pronouncement of the religious marriage
formula that does not have any retroactive effect.
As for the children, they will be considered legitimate if the
parents did not know the law [requiring the ‘aqd] because their
relationship will be classified as “wat’i bis-shubha”. But if
both were aware of the law, their relationship is considered
adulterous. Consequently the children will be deemed
illegitimate. However, if only one knew about the law without
the other, the children will be deemed legitimate in relation to
the ignorant parent only.
Question: Certain circumstances demand that the use of
insemination between husband and wife in order to increase the
chances of pregnancy; this process of insemination requires
exposing the private parts before the doctor. Is this allowed?
Answer: Exposing the private parts for the purpose mentioned
above is not allowed. However, if there is a need that compels
one to have children, and having children requires exposing the
private parts, it is allowed. An example of “need” is when
enduring childlessness becomes an unbearable difficulty for the
couple.
```

## PDF PAGE 222

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Question: A woman who does not want children asks the
doctor to tie her falopian tubes. Is this permissible for her—
regardless of whether or not it is reversible; and whether or not
the husband agrees to it?
Answer: It is permissible for her, provided that it does not
involve any haram touching or looking, irrespective of whether
or not it is reversible. The permission of the husband is not
required; of course, his permission might be required for other
considerations.
Question: In the West [more precisely, in Italy] an ovum of a
woman was fertilized in the laboratory, then the fertilized egg
was implanted in the womb of the mother; the feotus
developed in and was born from the grandmother’s womb. Is it
permissible to implant a feotus [or the fertilized ovum] in its
grandmother’s womb? And who will be the child’s mother
according to the shari‘a?
Answer: It is difficult to consider it permissible in principle,
even if we overlook the haram looking and touching that is
involved in this kind of procedure. And if this process takes
place and the child is born, then in determining who is to be
considered the child’s mother from the genealogical
perspective —the genetic mother or the biological mother—
there are two views. It is prudent to observe caution in regard
to both women. [That is, fulfill the rights of mother in regard to
both.]
```

## PDF PAGE 223

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..……………………………………………… ٣٢٢A Code of Practice For Muslims in the West
Question: Sometimes the sperm of a man is preserved in a
sperm bank. Is it permissible for a divorced Muslim woman to
use the sperm of a strange man [to artificially inseminate
herself] with or without his permission and without recitation
of marriage formula? What is the ruling if the sperm is that of
her ex-husband, and she intends to use it during the waiting
period or after it?
Answer: It is not permissible for a woman to inseminate
herself with the sperm of a strange man; and it is permissible to
do so with the sperm of her husband, even during the waiting
period but not after it.
Question: A man is put in a situation that he either pleases his
family or pleases his wife: should he divorce his wife in order
to please his family or should he do the opposite?
Answer: He should adopt the situation that is best for his
religion as well as his world, that he should be inclined towards
justice and equitability, and refrain from injustice and violation
of the rights [of others].
Question: What is the meaning of “obligatory maintenance”
that a husband must provide for his wife? Should the level of
the support be according to the social standing of the husband,
the standard of life that the wife was used to in her father’s
home, or other than that?
Answer: The criterion is the level that would be appropriate
for her status in relation to that of her husband. [That is, the
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## PDF PAGE 224

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..……………………………………………… ٤٢٢A Code of Practice For Muslims in the West
level that would be appropriate for her “as the wife of her
husband”.]
Question: The wife has certain rights upon the husband; now
if the husband neglects some of those rights, is it permissible
for the wife to ignore his sexual advances?
Answer: She does not have such a right; if counseling and then
warning do not help [in changing the husband’s attitude], she
can take her problem to the religious judge who should take
appropriate action.
Question: On embarking on a journey or coming back, a
Muslim traveller embraces and kisses his wife in public. Is this
permissible for him?
Answer: It is not haram to do that, if the rules of appropriate
covering [of the clothes] and hijab are observed and as long as
it does not entice lust [in other people]; it is preferable to
refrain from this kind of behaviour.
Question: Legal divorce according to Western laws had
already taken place between a man and his wife. The husband
is not willing to uphold her religious rights, neither does he pay
any maintenance money for her. He refuses to listen to the
religious authorities who work as a go-between. What should
the wife do, knowing well that her patience under such
circumstances will surely cause her [unbearable] difficulty?
```

## PDF PAGE 225

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..……………………………………………… ٥٢٢A Code of Practice For Muslims in the West
Answer: She should present her problem to the religious judge
or his authorized representative who will then advise the
husband to either provide for her or grant her religious
divorce—even by appointing someone else to do that. If he
refuses to do either, and it is not possible [for the religious
judge] to provide for her from the husband’s wealth, the judge
or his representative will pronounce the divorce for her.
Question: Is it permissible to have sex with a non-Muslim
woman —from Ahlul Kitab or others— without doing the
religious marriage on the basis that her country is in a state of
war, directly or indirectly, with the Muslims?
Answer: This is not allowed.
Question: A wife neither obeys her husband nor fulfills her
marital duties; she also goes out without his permission to stay
with her own family for seven months. Then instead of having
recourse to Islamic laws, she goes to a non-Islamic court in
order to get spousal maintenance, custody of the children, and
divorce from her husband. Does such a wife have the right in
getting anything from her husband? In such a situation, when
she goes to non-Islamic court it will apply non-Islamic laws to
grant her divorce and her rights (spousal support and custody
of children), does she deserve her full spousal rights?
Answer: The wife mentioned above does not deserve the
spousal maintenance from a shari’a point of view. But her
mahr (dowry) and her right of custody of children (under the
```

## PDF PAGE 226

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age of two) should not be suspended because of her
disobedience.
Question: A young lady had gone through an operation in
which her womb was removed, and consequently she had
stopped having her menses for more than fifteen years. Then
she married a man in temporary marriage for a length of time
that has now ended. Is it necessary for her to observe the
waiting period (‘idda)? And if yes, what would be the time
length of her ‘idda?
Answer: If she still is in the age of women who usually see
their menses, then her ‘idda in the temporary marriage would
be forty-five days.
Question: Sometimes a non-Muslim woman would verbally
bear witness [of belief in Islam] for the sake of marriage which
does attract plausible credence for others that she has really
believed in Islam. Can the others [who have doubt about her
belief] still treat her as they would treat Muslims?
Answer: Yes, the Islamic treatment would be applied to her as
long as she does not say or do something that would contradict
[her declaration of the faith].
Question: Sometimes the fertilized ovum of a woman is
transplanted in the womb of another woman. Is this allowed? If
pregnancy occurs, whose child will this foetus be considered?
```

## PDF PAGE 227

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..……………………………………………… ٧٢٢A Code of Practice For Muslims in the West
Answer: There is no problem as long as the haram touching
and looking is not involved. And whether the genealogical
mother of the child will be the genetic mother (who provided
the ovum) or the biological mother (who carried the foetus in
her womb), there are two views. Based on obligatory
precaution, caution should be exercised in regard to both of
them.
Question: The foetus swims in the liquid that is in the
mother’s womb. This liquid comes out at the time of birth or
just before it, sometimes with blood, at others without blood. Is
this water considered ritually pure, if it comes out without
blood?
Answer: Yes, it is ritually pure (tahir) in this case.
Question: When is it permissible to abort a feotus? Does the
age of the foetus have anything to do with it?
Answer: Abortion is not allowed after the implantation of the
[fertilized] ovum [on the lining of the womb], except if the
mother’s life is in danger or the continuation of pregnancy will
cause difficulty for her that is not normally bearable and there
is no other solution but abortion. In this case, it would be
permissible to abort the foetus as long as the soul has not
entered into it; after the entering of the soul, it is not
permissible at all.
Question: Sometimes the doctors reach the following
conclusion: This foetus is afflicted with a very serious disease;
```

## PDF PAGE 228

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..……………………………………………… ٨٢٢A Code of Practice For Muslims in the West
it is therefore preferable that it should be aborted because if
that child is born, it will be deformed or will die soon after
birth. Is it, therefore, permissible for the doctor to abort the
foetus? Is it permissible for the mother to agree to the abortion?
And who of the two will become liable for indemnity?
Answer: Just the fact that the child will be deformed or that it
will not live for a long time after his birth does not ever justify
the termination of the pregnancy. Therefore, it is not
permissible for the mother to consent to the abortion just as it
is not permissible for the doctor to go ahead with the
procedure. And whoever performs the abortion will become
liable for the payment of indemnity.
Question: Is a mother allowed to abort the feotus, if she does
not want it while the soul has not yet entered it and there is no
serious danger to the mother’s life?
Answer: She is not allowed to do that, except if the
continuation of the pregnancy would harm her health or put her
in an unbearable difficulty.
```